Terms and Conditions

Dear Consumer,

Please read carefully and kindly note that by purchasing Anima Tours products the following Terms & Conditions applies.

o  APPLICATION - All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf of Anima Tours (Pty) Ltd or cc (‘the Company’) are subject to these terms and conditions (‘the Conditions’) and the terms and conditions of various third party service providers (i.e. airlines, tour operators, hotels, cruise companies etc.) who the Company request on your behalf to render services or provide products to you (see re such suppliers below: ‘Third Party Service Providers’).

o  THE CLIENT AND AUTHORITY- The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).

o    THIRD PARTY SERVICE PROVIDERS - The Company provides Clients with travel, tours, activities, experiences and/or other services either itself or acting as agents for suppliers engaged in or associated with the travel and tourism industry, such as airlines vehicle rental and excursions (collectively referred to as ‘the Principal’). The Company represents the Principals as agents only and accordingly accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principals to fulfill its obligations unless, in the case of injury or death, it is due to the negligent act or omission of the Company. The contract in use by the Principals (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against such Principal. The Company will provide the identity and terms and conditions of (or access thereto) all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise itself with such terms and conditions (‘the Principal’s Conditions’).

With regards to hotel bookings please be aware that hotels and other accommodation properties (Collectively referred to as ‘hotels’) may undergo renovations from time to time. Hotels generally take all possible steps to limit disruption and inconvenience to their guests when renovations are taking place. The Company will not accept complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If the Company is specifically advised of renovation work in advance by the hotel, this information will be passed on to the Client but it is important to understand that this is subject to change and that the Company may not always be notified.

o    CAR & VEHICLE HIRE – These contracts (‘Car Hire T&C’) are onerous & include absolute, no fault and strict liability provisions. The Car Hire T&C must be read very carefully and anything you don’t understand or about which you have any misapprehension must be discussed with the car hire consultant BEFORE you sign the Car Hire T&C, especially damage excesses and mileage. Please note that you will be liable for all traffic fines and toll fees. The Company strongly recommend you check the vehicle thoroughly with a representative of the car hire business upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted & signed for. Note that the Car Hire T&C shall constitute the sole contract between the car hire company and the Client and any right of recourse the Client may have, will be solely against the car hire company in terms of the Car Hire T&C. 

Similarly the Company cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometers travelled etc.

o    AIR TICKETS – These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions and the Client MUST enquire about ALL the applicable conditions BEFORE you pay for the ticket. The Client should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, the Client is not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (& e.g. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee  Note that the Air T&C shall constitute the sole contract between the airline and the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. The Client’s rights of recourse as a consequence of over-booking are prescribed by the CPA. Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client. Consult the Company about refunds for unused tickets as strict deadlines apply and in many cases, especially low cost carriers, the ticket is no refundable and any changes, IF allowed, are quite costly.    


o  BOOKING, DEPOSIT & RESERVATION – Services and tours are subject to availability - Once the Client has filled in the tour enquiry form, responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry’), about a particular tour (referred to as ‘the Tour’) the Company will, subject to availability, prepare and provide the Client with a quotation via e-mail (‘the Quote’) which will include details of the Tour and price ('the Tour Price') . Upon the Client’s written confirmation that the facts and information contained in the Quote is correct and upon acceptance of the Conditions by the Client initialling or ticking the relevant tick boxes and signing and returning to the Company the signed Quote,

FULL payment must be made as follows:

-                      31 days or more before the service commences payment must be received within 7 days after the issuing of an invoice

-                      7 to 31 days before the service commences payment must be received within 3 days after the issuing of an invoice

-                      0 to 7 days before the service commences payment must be received within 24 hours after the issuing of an invoice 


The Company will not confirm any reservation if the Conditions are not accepted, relevant payment specified above has not been made (and reflected in the Company's bank account) and a signed Quote are not received. The Company reserves the right to cancel any reservation that may have been made if the aforesaid is not complied with.

Please note that:

o    In the case of air tickets, full payment is required as per the applicable fare rule.  If full payment is not received by the applicable date the airline will automatically cancel the reservations.

o    In the case of group bookings, full payment is required by each respective individual/company in order to confirm/secure any airline seats/accommodation/car hire or any other group arrangements on offer/discussed. If full payment is not received by the applicable date, the Company will automatically cancel any airline seats/accommodation/car hire or any other group arrangements on offer/discussed/confirmed and the Client will have no right of recourse against the Company or any of the Principals.

 

PAYMENT OPTIONS -


Credit card payments are subject to due completion of and upon the terms and conditions specified in the Company’s credit card authorization form - only Visa & MasterCard is accepted.


Card transactions will be acquired for the Company via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details will be stored by the Company separately from card details which are entered by the Client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is in South African Rand (ZAR).

o  PRICE – Note that the Company reserves the right to amend the Tour Price if an unreasonable time lapses between the date the Quote is submitted to the Client and the date it is returned to the Company. Furthermore, prices are quoted in South African Rand (ZAR) at the ruling daily exchange rate. Until the Company has received payment of the Tour Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Tour Price prior to making full and final payment. However, once payment of the Tour Price in full is received, the Tour Price is guaranteed (subject to statutory increases such as VAT).


Note that airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Company (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey. This also applies to foreign exchange currency payments such as international hotel bookings, car hire, rail bookings or any other foreign payments that need to be made as well as international bank transfer fees). Should it be a group booking and the group number deviate from the number required for the Tour, the Company reserves the right to re-cost the Tour Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain any payment made. However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey). Please note that the Tour Price excludes inter alia airport departure tax and any expenses of a personal nature and gratuities.


Please note that in some cases Principals may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been effected      


o    RESPONSIBILITY - All Tours are booked and arrangements are made on the express condition that the Company, its directors, members, partners, employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm, illness, harm, trauma, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client whether on the Tour or not), to or loss of or damage to their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of the Company whatsoever, unless such claim is for injury or death and due to a negligent act or omission of Company. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Client indemnifies and holds harmless the Company, its directors, members, partners, its employees and agents accordingly. The Company, its directors, members, partners, its employees and agents shall further more not be liable for any consequential, economic or indirect loss or damages whatsoever, unless section 61 of the CPA applies.


o    INSURANCE - It is strongly advised that all Clients take out adequate insurance cover such as cancellation due to illness, accident or injury personal accident and personal liability, loss of or damage to baggage and sports equipment (Note that is not an exhaustive list). The Company will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document of the insurer. It is a complex document, which must be read BEFORE YOU initiate your travel so that you can address any queries you may have to the insurer PRIOR to your departure.

Please note that various credit card companies offer limited levels of travel insurance, which the Company does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.


o  TRAVEL DOCUMENTS - Documents are only prepared and released on receipt of payment of Tour Price in full. Upon receipt of your documents, PLEASE CHECK that ALL the detail therein are correct.


o    PASSPORTS, VISAS & HEALTH - It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria)  and the like, where required, have been obtained. Please check the latter requirements with your doctor before travelling. The Client acknowledges that the Company assumes no obligation or liability whatsoever in this regard and the Client indemnifies the Company against any consequences of non-compliance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical condition required for any of the Company's travel arrangements, tours, activities, experiences and/or other services.

Please note that All visitors to South Africa and all Clients who are travelling from RSA to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited.  If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The Client must ensure that the details supplied to the Company mirror those details shown on their passport and ID documents. As a guideline, passports should be valid for 6 (six) months after your scheduled return to South Africa. Non-South African passport holders may also be required to have re-entry documentation and it is entirely the Client’s duty to ensure that such documentation is in order before departure.

Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if you have a valid visa.


ABRIDGED BIRTH CERTIFICATES FOR CHILDREN - PLEASE CONSULT THE DEPARTMENT OF HOME AFFAIRS OR EMBASSY OR CONSULATE IN YOUR COUNTRY ABOUT THE LATEST REQUIREMENTS – BROADLY SPEAKING THE FOLLOWING IS REQUIRED WHEN A MINOR TRAVELS WITH HIS/HER PARENTS/GUARDIAN: 


·       The minor must have an unabridged birth certificates

·       In the case of foreign countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced.

·       All documents must be original or copies certified as a true copy of the original by a Commissioner of Oaths or the equivalent commissioning authority should Commissioners of Oaths not be a practice in the country concerned.

·       All documents not in English should be accompanied by a sworn translation issued by the competent authority in the country concerned.


o  MALARIA AND OTHER TROPICAL DISEASES: WARNING

Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases.  The Company strongly recommends that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.


PLEASE NOTE: The South African government as a rule does not issue cautionary travel advice regarding foreign countries – where the countries you are travelling to issue such a cautionary & it comes to the Company's attention it will convey the information and/or the appropriate link to you. However it is your duty to check you destination on the Internet for any such cautionary before you travel as the state of the country in terms of not only health but also security (such as recent terrorist attacks) can change overnight.          


LATE BOOKING & AMENDMENT FEES - A late booking fee of R 300.00** per booking will be charged in respect of bookings received within 4 working days prior to the Tour date and for 2 working days or less R400.00** per booking. This charge is levied to cover communication expenses involved. An amendment fee of R 100.00** per booking will be levied for any changes to the confirmed itinerary.


CANCELLATION - In the event of Client cancelling their reservations (which must be done by confirmed e-mail, letter of telefax), the Client will be penalised as stipulated below and the Company furthermore reserves the right to claim additional damages suffered by the Company. The Company reserves the right to cancel any tour before departure, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Company e.g. in the event of the tour not being available. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows (Clients should also refer to the cancellation provisions contained in the Principal’s Conditions or website. Principals may charge cancellation fees over and above those stated below):


31 days or more prior to date of service             25% of Tour Price

14 to 31 days or more prior to date of service  50% of Tour Price                  

7 to 14 days or more prior to date of service     75% of Tour Price

0 to 7 days or more prior to date of service       100% of Tour Price

In the case of a 'no show' (for whatever reason other than death of hospitalization as provided for in the CPA), 100% of Tour Price


UNSCHEDULED EXTENSIONS - In the unlikely event of there being unscheduled alterations to the Tour caused by bad weather, strikes or any other cause which is beyond the control of the Company, its agents or principals, it is understood that expenses relating to these unscheduled extensions will be for the Client’s account.


TOUR VARIATIONS & TRANSFERS - While every effort is made to keep to all published Tours, Principals and/or the Company reserve the right to make changes for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the Tour and this does not constitute any reason for refund. The Company will advise you as soon as possible of any amendment. If such changes results in additional charges, it will be for the Client’s account.


COACH & AIR CHARTER - Please note that the flying services and coach transfers are sub-contracted to independent companies. They are responsible for this portion of the itinerary. The Company will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Client’s account.


TOUR SELECTION: The Client acknowledges that it has selected the Tour based on information gleaned from brochures and/or the Internet. It also acknowledges that certain of such brochures and/or the Internet have been compiled and are managed and up-dated by the Principals over which the Company has no control. Accordingly the Company cannot and does not guarantee that the Tour and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Principal.


LAW, JURISDICTION & DOMICILIUM - South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company The Company shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction. The parties choose their respective domicilium citandi et excutandi as reflecting in the Quote.


CONDUCT - The Client agrees that he/she will at all times comply with the Company’s or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on the Tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless the Company against damages suffered and/or costs incurred by the Company and/or any third party as a result of a breach of this clause.


SPECIAL REQUESTS - Client, who has special requests, must specify such requests to the Company well in advance and in writing. Whilst the Company will use its best endeavours to accommodate such requests, it does not guarantee that it will.


AMENDMENTS - No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of the Company.


REFUNDS - No refunds will be considered in any circumstances whatsoever, whether for unused services or otherwise, unless stated to the contrary elsewhere herein. Refunds by the Principals will be subject to their terms and conditions.


FOREIGN EXCHANGE REGULATION COMPLIANCE - This is the Client’s exclusive duty. This will apply especially when the Client instructs the Company to make and pay for travel arrangements on the Internet. It is the responsibility of each individual Client to ensure that he/she does not exceed the R1 (one) million per calendar year (Please note this amount is stipulated by the SA Reserve Bank as at January 2015 and may be adjusted from time to time – it is the Client’s duty when booking to check with its foreign exchange provider). Individual’s Single Discretionary Allowance. It is imperative that the Clients are able to show any customs official that they purchased the foreign exchange they are carrying, failing which it may be confiscated.


e-TICKETING - The Client must be ready to show their identity document and possibly their credit card at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.


FORCE MAJEURE – The Company shall have the right to cancel any contract should its fulfillment be rendered impossible, impeded or other  duly constituted authorities or any other cause beyond the control of the Company - Force

               Majeure includes renovations that may be carried out at your resort – whilst the travel agent will use its best endeavours to provide current information in that regard and whilst the resort will use it best endeavours to keep any inconvenience to a minimum, the fact that restoration or renovations are being carried out does not constitute grounds for any claim against the Company.


The Company will use it best endeavours to recover from third parties such monies as may have been paid to

them on behalf of the Client.


All monies so recovered by the Company will be reimbursed to the Client less a 5% (Five percent) of the

Tour Price as an administration charge;


CONFIDENTIALITY & PRIVACY– Subject to statutory constraints or compliance with an order of court, the Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis. Furthermore, as far as the Client's personal information and special personal information is concerned, the Company will comply with all provisions of the applicable privacy legislation such as the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’]) and, in the case of residents of the European Community ('the EC'), the General Data Protection Regulations of 2018 ('the GDPR') as detailed in the Company's Privacy Policy which is incorporated herein by reference and which you are deemed to have read, understand and agree to be bound by.   


INTERNET BOOKINGS – If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorises the Company to do the following on its behalf (1) make any selections of and for the bookings (2) make payments and (3) accept booking conditions.


DRIVER’S LICENCE: Even if you have obtained an international driver’s licence, please take your national driver’s licence with you

COPYRIGHT                                                                                         

The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes, tours and itineraries provided by the Company shall remain the sole and exclusive property of the Company


The Client furthermore undertakes not to circumvent the Company and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates and quotes provided by the Company with any of the Suppliers or any other service providers or venues for a period of 1 (One) year from the date of submission of any proposals, presentations, estimates, quotes or tours provided by the Company.

DISPUTE – RESOLUTION

Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:


1                The parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the mater amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of  AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having

                  jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.

2                Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application

 


ENTIRE CONTRACT - The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and the Company's Privacy Policy) constitute collectively the entire terms of the relationship between the parties.  There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions. The Company reserves the right to revise the Conditions from time to time - each revision will be dated and posted on its website.   


© COPYRIGHT

ADV. LOUIS NEL

‘LOUIS-THE-LAWYER’
REVISED FOR CPA, POPIA
& GDPRMAY 2018 & CUSTOMIZED 

FOR ANIMA TOURS AUGUST 24 2018